Norton Says First Floor Vote on Trump D.C. Federal Court Nominee Scheduled in Senate Today Demonstrates Unequal Treatment of D.C. Residents in Nominating Process

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) said that today's scheduled first Senate confirmation vote on one of President Trump's nominees to the U.S. District Court for the District of Columbia draws into focus the unfair treatment of D.C. residents in the nomination process by both the Trump administration and the Republican-led Senate. Norton did not take a position on the nomination of Timothy Kelly, who appears to be qualified, because the refusal of consultation did not allow her to put vet him locally, as she has done under prior presidents.

"District residents have been disenfranchised in the nomination process under the Trump administration and the Republican-led Senate," Norton said. "Despite no representation in the Senate, Presidents Clinton and Obama, and, to a limited extent, George W. Bush, provided the nearly 700,000 federal taxpaying American citizens in the District with a role in the nomination of federal judges and law enforcement officials, who play a critical role in lives here. Thus far, the Trump Administration and the Republican-led Senate have completely left the District out of the nomination process, instead utilizing these critical positions as patronage, without consultation."

In March, Norton wrote Trump requesting that he extend her the courtesy of consulting on the appointment of key federal officials in D.C.—including federal district court judges, the U.S. Attorney and the U.S. Marshals—the same courtesy extended to her by President George W. Bush. Presidents Clinton and Obama extended Norton "senatorial courtesy" to recommend these federal officials in the same manner as Democratic senators, and all of Norton's recommendations were D.C. residents or committed to residing in the District during their terms. Using the senatorial authority granted by Presidents Clinton and Obama, Norton formed her Federal Law Enforcement Nominating Commission, comprised of distinguished lawyers and non-lawyers from every ward, chaired by Pauline Schneider, a former president of the D.C. Bar, to screen and recommend candidates. Norton interviewed commission-vetted candidates and submitted names to the president from a list recommended by the commission.

This Congress, the Senate has confirmed four district and circuit court nominees. All are from states with two Republican senators. Under the Senate Judiciary Committee's blue-slip process, the committee will not consider a nominee for district and circuit courts, U.S. attorney or U.S. Marshal unless both home-state senators, regardless of party, approve of the nominee moving forward. Committee Chairman Charles Grassley (R-IA), like his immediate predecessor and some prior chairmen, has observed the Senate blue-slip process.

To date, Trump has nominated three to the federal district court here and for the U.S. Attorney, but three of them are not D.C. residents. Kelly is a D.C. resident. Under federal law, in nearly every U.S. jurisdiction, federal district court judges, U.S. Attorneys and U.S. Marshals are required to reside within the jurisdictions where they have been appointed—but no such residency requirement exists for officials serving in the District. In April, Norton introduced a bill to require these officials serving in D.C. to live in D.C. The bill is part of her "Free and Equal D.C." series of legislation, which insists on equal rights for D.C. residents, which is possible under the Home Rule Act even before the District achieves statehood.

Norton expressed appreciation to Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) and committee member Senator Dick Durbin (D-IL) for insisting, at Norton's request, that the nominees meet with her before committee consideration of their nominations. While Norton did not have the opportunity to put Kelly through her nominating commission process, based on her meeting with him and his professional credentials, she believes he appears to be qualified.